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  • ONGOING Pay Back UC

    Hello everyone, I'm new and need a biiiig advice.
    I applied for the Universal Credit in May 2020, they checked all the info and after a call they accepted the request and started pay me in June.
    "Everything fine", I continued to looking for a job but nothing (still now, I'm unemployed since January 2020) . They called me in November for the 6 month check and everything seems fine, they even paid me after few days, but then they asked my sharing code (I have pre-settle, I'm here since march 2018) and they suddenly blocked my account (even after I ask for a reconsideration because no one was tell me what I failed in the Habitual Residence Test) and now they basically ask me to pay back ALL the amount they gave me in these 6 months.
    I already contacted my Citizen Advice Bureau and I'm waiting for an answer but I read that happened to other people, so I'm asking if anyone have more info about it.
    I don't pretend to have the right to ask again the UC (I'm hoping to find a job soon) but I cannot afford to pay that amount.
    Any HELP it is very welcome.

    PS: I quit my job around 20th December 2019 for important reasons for me, hoping to find another in January but I had a personal problem so I really started to looking for a job at the end of February/March.
    In the reconsideration letter: "Having considered all the available information, I am unable to change the decision dated 30/11/2020 that decided that you did not meet the criteria to be considered as having a right to reside and are consequently not habitually resident in the UK. This is because you are not a qualified person as defined in Immigration (EEA) Regulations 2016."

  • #2
    Aron F (lawyer) Would you be able to comment on the above? It seems to me they shouldn't have to pay it all back, since they should have had a right to reside for at least 6 months regardless of EUSS status.

    It was also my understanding that, in the Fratila case, the Court of Appeal had ruled that denying benefits to people with pre-settled status amounts to discrimination.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Aron F

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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      • #4
        Aron F (lawyer) Would you be able to comment on the above? It seems to me they shouldn't have to pay it all back, since they should have had a right to reside for at least 6 months regardless of EUSS status.

        It was also my understanding that, in the Fratila case, the Court of Appeal had ruled that denying benefits to people with pre-settled status amounts to discrimination.

        I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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        • #5
          Aron F (lawyer) Would you be able to comment on the above? It seems to me they shouldn't have to pay it all back, since they should have had a right to reside for at least 6 months regardless of EUSS status.

          It was also my understanding that, in the Fratila case, the Court of Appeal had ruled that denying benefits to people with pre-settled status amounts to discrimination

          I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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          • #6
            While you're awaiting the lawyer's feedback, I suggest that OP apply for a mandatory reconsideration ASAP, citing the recent Fratila case and at the same time set up a repayment plan with the DWP. If the OP has no other source of income, he/she should be able to pay back in small weekly instalments over 12 to 18 months, while the case is being reviewed. Be prepared that the DWP have a backlog of many months and the reconsideration will probably take, best case scenario, at least 6 months, never mind the appeal might take years.
            Last edited by PorkScratcher; 06-02-2021, 10:05 AM.

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            • #7
              Originally posted by PorkScratcher View Post
              While you're awaiting the lawyer's feedback, I suggest that OP apply for a mandatory reconsideration ASAP, citing the recent Fratila case and at the same time set up a repayment plan with the DWP. If the OP has no other source of income, he/she should be able to pay back in small weekly instalments over 12 to 18 months, while the case is being reviewed. Be prepared that the DWP have a backlog of many months and the reconsideration will probably take, best case scenario, at least 6 months, never mind the appeal might take years.
              Morning,

              Many thanks for your input.

              JGiuliAAA You will find more info regarding the Fratila case, here: Access to means-tested benefits for EU citizens with pre-settled status | CPAG

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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              • #8
                Originally posted by PorkScratcher View Post
                While you're awaiting the lawyer's feedback, I suggest that OP apply for a mandatory reconsideration ASAP, citing the recent Fratila case and at the same time set up a repayment plan with the DWP. If the OP has no other source of income, he/she should be able to pay back in small weekly instalments over 12 to 18 months, while the case is being reviewed. Be prepared that the DWP have a backlog of many months and the reconsideration will probably take, best case scenario, at least 6 months, never mind the appeal might take years.
                Thanks for the advice but I contacted the Citizen Advice and we submitted the appeal to the court after the mandatory reconsideration and tomorrow we'll ask for mandatory reconsideration even for the payment letter. We'll see! Even the lawyer can't really understand what they saw that made them block the payments and start all this. It's just a mess!

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                • #9
                  Originally posted by JGiuliAAA View Post

                  Thanks for the advice but I contacted the Citizen Advice and we submitted the appeal to the court after the mandatory reconsideration and tomorrow we'll ask for mandatory reconsideration even for the payment letter. We'll see! Even the lawyer can't really understand what they saw that made them block the payments and start all this. It's just a mess!
                  It's not unusual for the DWP to make decisions like that, and they are also quick to just issue a notice of overpayment.

                  Best of luck and do keep us posted!

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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